French European Constitution referendum, 2005

Last updated

French European Constitution referendum%2C 2005
Results by departement
Yes
No French European Constitution referendum (including overseas), 2005.png
Results by département
  Yes
  No

The French referendum on the Treaty establishing a Constitution for Europe was held on 29 May 2005 to decide whether France should ratify the proposed Constitution of the European Union. The result was a victory for the "No" campaign, with 55% of voters rejecting the treaty on a turnout of 69%.

Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

Treaty establishing a Constitution for Europe the abandoned constitution of the European Union

The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting into policy areas which had previously been decided by unanimity among member states.

Contents

The question put to voters was:

Approuvez-vous le projet de loi qui autorise la ratification du traité établissant une Constitution pour l'Europe ?
"Do you approve the bill authorising the ratification of the treaty establishing a Constitution for Europe?"

France was the first country to reject the treaty, and the second country to go to the polls in a referendum on ratification, after a Spanish referendum approved the treaty by a wide margin in February 2005. France's rejection of the Constitution left the treaty with an uncertain future, with other EU member states pledging to continue with their own arrangements for ratification.

Campaign

National referendums on the
European Constitutional Treaty
Superseded by the Treaty of Lisbon (2007)
The text of the European Constitution, as distributed to each French voter European constitution.jpg
The text of the European Constitution, as distributed to each French voter

President Jacques Chirac's decision to hold a referendum was thought in some part to have been influenced in part by the surprise announcement that the United Kingdom was to hold a vote of its own, though it was also widely commented that the expected easy victory would also be an expression of confidence in the President. Moreover, it would do much to cement his legacy as a French statesman. It would also have a divisive effect on the opposition Socialist Party. [1] Although the adoption of a Constitution had initially been played down as a 'tidying-up' exercise with no need for a popular vote, as increasing numbers of EU member states announced their intention to hold a referendum, the French government came under increasing pressure to follow suit.

Jacques Chirac French statesman and official

Jacques René Chirac is a French politician who served as President of France and ex officio Co-Prince of Andorra from 1995 to 2007. Chirac previously was Prime Minister of France from 1974 to 1976 and from 1986 to 1988, as well as Mayor of Paris from 1977 to 1995.

The date was announced on 4 March 2005. Opinion polling had shown the "Yes" and "No" campaigns in the lead at various times, but in the weeks leading up the referendum the "No" campaign consistently held the lead. This led many, even some on the "Yes" side, to predict openly that France would reject the Constitution. [2]

Socialist Party vote on stance

On 1 December 2004, the opposition Socialist Party held a vote among its members to determine the stance it would take. The issue of the Constitution had caused considerable divisions within the party, with many members—although broadly in favour of European integration—opposing the Constitution for reasons including a perceived lack of democratic accountability, and the threat they considered it posed to the European social model. The "Yes" side was led by party leader François Hollande while the "No" side was led by deputy leader Laurent Fabius. A former prime minister of France (1984–1986), Laurent Fabius traditionally on the center right of the Socialist Party opted for the No to the Constitution, switching to the left of the party. For many commentators, this paradoxical move was a gamble to get the upper hand within the party before the next presidential elections, in case of success of the No vote. [3]

Socialist Party (France) French political party (1969– )

The Socialist Party is a social-democratic political party in France and was, for decades, the largest party of the French centre-left. The PS used to be one of the two major political parties in the French Fifth Republic, along with the Republicans. The Socialist Party replaced the earlier French Section of the Workers' International (SFIO) in 1969, and is currently led by First Secretary Olivier Faure. The PS is a member of the Party of European Socialists (PES), the Socialist International (SI) and the Progressive Alliance.

The European social model is a common vision many European states have for a society that combines economic growth with high living standards and good working conditions. Historian Tony Judt has argued that the European social model "binds Europe together" in contrast to the 'American way of life'.

François Hollande 24th President of the French Republic

François Gérard Georges Nicolas Hollande is a French politician who served as President of the French Republic and ex officio Co-Prince of Andorra from 2012 to 2017. He was previously the First Secretary of the Socialist Party from 1997 to 2008, Mayor of Tulle from 2001 to 2008, and President of the Corrèze General Council from 2008 to 2012. Hollande also served in the National Assembly of France twice for the department of Corrèze's 1st constituency from 1988 to 1993, and again from 1997 to 2012.

Within the Socialist Party, out of 127,027 members eligible to vote, 59% voted "Yes", with a turnout of 79%. Out of 102 Socialist Party regional federations, 26 voted "No".

Amendment to the French Constitution

The Constitutional Council of France ruled that the European Constitution could not legally coexist with the current Constitution of France. For that reason, a vote was taken to amend the Constitution of France to make the two documents compatible.

Constitution of France French Constitution adopted in 1958

The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then the constitution has been amended twenty-four times, most recently in 2008.

This amendment passed in an extraordinary joint session of deputies and senators at the Palace of Versailles on 28 February 2005, with 730 votes in favour and 66 votes against, with 96 abstentions. Both the ruling party and the Socialists supported the constitutional amendment. Communist Party members were the only ones to vote against it. [4]

Opinion polls and course of the campaign

Initial opinion polls showed a clear majority in favour of the Constitution, but public opposition grew over time. By May, the "Yes" campaign's lead was smaller than the opinion pollsters' margin of error.

The three major political forces in France (UMP, PS and UDF) supported the proposed Constitution, as did president Chirac. Supporters of the Constitution from the left sought to emphasise that the treaty incorporates a Charter of Fundamental Rights and thus helped to secure the future of the European social model. Somewhat surprisingly considering his usual political orientation, Jacques Chirac defended it as a possible barrier against neoliberal economic policies.

Olivier Besancenot, Jose Bove and Jean-Luc Melenchon at a meeting supporting the "No" vote. Besancenot, Bove, Melenchon - gare Saint-Lazare, mai 2005.jpeg
Olivier Besancenot, José Bové and Jean-Luc Mélenchon at a meeting supporting the "No" vote.

Objections to the Constitution in France can be broadly divided into two camps. On the left, many expressed the view that the Constitution would enforce a neoliberal economic model. Among those were some members of the Socialist Party who dissented from the party's stance as decided by its internal referendum, some members of the Green Party (though the party's official policy was also to support ratification), the Communist Party and the Citizen and Republican Movement - a small party allied to the Socialist Party. The Radical Party of the Left, another ally of the Socialist Party, was divided on the question: its main representatives were for the Constitution, while Christiane Taubira, who was candidate for the PRG in 2002, was against it.

Other parties of the hard left, such as the Trotskyist Revolutionary Communist League and Workers' Struggle, as well as associations like ATTAC and trade unions such as the CGT or SUD opposed ratification. These critics sought to link the Constitution to the proposed directive on services in the internal market, which is widely opposed in France.

There were also prominent opponents of the Constitution from the right, notably Nicolas Dupont-Aignan (a Gaullist) and Philippe de Villiers (of the Movement for France), and from the extreme right, Jean-Marie Le Pen of the National Front, who opposed the Constitution on the grounds that France should not be part of any institution whose decisions can take precedence over what is decided in France at a national level. Another factor in the defeat of the Constitution may have been the linking of the Constitution in the minds of voters with the possibility of the accession of Turkey to the European Union, with which most of the French population disagrees.

Results

Ballots for the referendum. Referendum ballots.jpg
Ballots for the referendum.
French European Constitution referendum, 2005
ChoiceVotes%
X mark.svg No15,449,50854.67
Yes12,808,27045.33
Valid votes28,257,77897.48
Invalid or blank votes730,5222.52
Total votes28,988,300100.00
Registered voters and turnout41,789,20269.37
Source: French Minister of the Interior

By département

DépartementForAgainstElectorateVotesValid votesInvalid votes
Paris 532,040268,6171,084,114813,783800,65713,126
Seine-et-Marne 225,904278,308733,535515,100504,21210,888
Yvelines 353,085240,020836,989603,361593,10510,256
Essonne 236,408243,221685,325489,493479,6299,864
Hauts-de-Seine 358,968220,915826,795590,084579,88310,201
Seine-Saint-Denis 150,848241,151637,385400,193391,9998,194
Val-de Marne 229,880229,921684,036468,400459,8018,599
Val-de Oise 191,269219,831616,343419,287411,1008,187
Ardennes 47,47880,125192,179130,267127,6032,664
Aube 56,80775,345196,136135,355132,1523,203
Marne 113,948131,988370,728251,129245,9365,193
Haute-Marne 39,79555,921141,07398,15795,7162,441
Aisne 85,475171,616366,193262,564257,0915,473
Oise 134,591223,129513,072364,718357,7206,998
Somme 95,893192,968400,004295,053288,8616,192
Eure 100,447170,308382,292276,369270,7555,614
Seine-Maritime 208,546388,712841,738609,469597,25812,211
Cher 60,93592,927226,259158,261153,8624,399
Eure-et-Loir 82,338111,075279,243198,386193,4134,973
Indre 44,87177,338174,877126,492122,2094,283
Indre-et-Loire 123,389146,707378,397276,931270,0966,835
Loir-et-Cher 67,72197,425232,895169,794165,1464,648
Loiret 133,025153,360412,617294,019286,3857,634
Calvados 142,966180,191459,573330,020323,1576,863
Manche 114,958136,363359,667257,898251,3216,577
Orne 66,47882,947211,837153,240149,4253,815
Côte-d'Or 107,202125,347331,637237,934232,5495,385
Nièvre 41,76472,635166,883117,365114,3992,966
Saône-et-Loire 107,843157,135397,394273,830264,9788,852
Yonne 64,03797,586236,494165,341161,6233,718
Nord 437,285711,5801,725,2961,174,9681,148,86526,103
Pas-de-Calais 224,109510,5091,055,794752,109734,61817,491
Meurthe-et-Moselle 138,272180,239473,008324,790318,5116,279
Meuse 39,61856,103137,90197,94395,7212,222
Moselle 209,035253,176721,154472,035462,2119,824
Vosges 80,147115,518283,696201,251195,6655,586
Bas-Rhin 256,189200,433687,298469,067456,62212,445
Haut-Rhin 162,079163,923489,991334,895326,0028,893
Doubs 110,011128,414337,752244,753238,4256,328
Jura 54,89974,398180,881133,094129,2973,797
Haute-Saône 46,09979,224175,160129,050125,3233,727
Territoire de Belfort 23,69039,52989,51164,78063,2191,561
Loire-Atlantique 305,127291,722844,344614,434596,84917,585
Maine-et-Loire 192,037170,367518,825375,170362,40412,766
Mayenne 77,28570,285214,687153,542147,5705,972
Sarthe 113,383152,878387,989274,574266,2618,313
Vendée 154,034152,786441,749318,454306,82011,634
Côtes-d'Armor 146,445166,991430,720321,966313,4368,530
Finistère 232,396222,193640,668466,318454,58911,729
Ille-et-Vilaine 240,065206,110628,199459,623446,17513,448
Morbihan 183,367178,653509,176372,215362,02010,195
Charente 71,631104,108253,451180,984175,7395,245
Charente Maritime 130,573163,652426,181302,580294,2258,355
Deux-Sèvres 88,43393,253261,766188,900181,6867,214
Vienne 91,453112,596288,959210,732204,0496,683
Dordogne 83,512138,347300,288229,019221,8597,160
Gironde 276,219355,495886,995646,377631,71414,663
Landes 79,132110,917265,975195,935190,0495,886
Lot-et-Garonne 62,741102,203230,573170,316164,9445,372
Pyrénées-Atlantiques 154,086167,831460,580331,988321,91710,071
Ariège 28,43549,949109,38480,92478,3842,540
Aveyron 71,74382,493213,821160,990154,2366,754
Haute-Garonne 240,661281,408733,866536,274522,06914,205
Gers 40,94957,502136,301102,32898,4513,877
Lot 38,55957,282128,31399,10795,8413,266
Hautes-Pyrénées 47,67174,636170,504125,951122,3073,644
Tarn 78,028113,268264,190199,171191,2967,875
Tarn-et-Garonne 42,78469,233156,426115,806112,0173,789
Corrèze 57,35175,804183,650137,807133,1554,652
Creuse 25,43341,38699,70669,36166,8192,542
Haute-Vienne 74,573111,589259,304193,223186,1627,061
Ain 110,194123,377346,686239,628233,5716,057
Ardèche 64,24996,376224,529165,306160,6254,681
Drôme 93,060129,696318,483228,801222,7566,045
Isère 232,316268,107730,733512,671500,42312,248
Loire 141,887179,386485,077331,063321,2739,790
Rhône 349,663295,735945,746659,433645,39814,035
Savoie 90,33195,412271,196190,416185,7434,673
Haute-Savoie 159,529136,243437,412303,109295,7727,337
Allier 68,600103,813253,647177,961172,4135,548
Cantal 38,99943,203121,97584,99482,2022,792
Haute-Loire 49,99868,759168,088123,232118,7574,475
Puy-de-Dôme 129,582173,932428,309312,453303,5148,939
Aude 60,912111,233241,648176,805172,1454,660
Gard 116,669208,200455,217332,051324,8697,182
Hérault 181,531273,892654,395469,442455,42314,019
Lozère 19,40922,57258,97243,43541,9811,454
Pyrénées-Orientales 72,704132,256294,226209,578204,9604,618
Alpes-de Haute-Provence 32,07248,647112,63282,96180,7192,242
Haute Alpes 30,53638,66697,82371,23669,2022,034
Alpes-Maritimes 208,426230,818668,088447,793439,2448,549
Bouches-du-Rôhne 308,040498,4131,179,550820,994806,45314,541
Var 189,811257,183666,146455,280446,9948,286
Vaucluse 91,639154,004350,503251,325245,6435,682
Corse-du-Sud 20,52629,18388,64650,39949,709690
Haute-Corse 25,07233,181106,29659,02358,253770
Guadeloupe 33,77923,863289,44364,29257,6426,650
Martinique 48,17921,620272,33977,25269,7997,453
French Guiana 6,8504,54154,76212,65511,3911,264
Réunion 95,298142,871471,155252,641238,16914,472
Sainte Pierre and Miquelon 1,1396784,8051,8791,81762
Mayotte 17,5852,75455,90421,05220,339713
Wallis and Futuna 4,77255010,3855,3675,32245
French Polynesia 30,64911,404157,04442,74942,053696
New Caledonia 35,9489,691135,21746,98845,6391,349
Source: European Election Database

Consequences

The possible consequences of a "No" vote were highly debated in France before the referendum. Proponents of the Constitution, including Jacques Chirac, claimed that France's standing in Europe had been considerably weakened.

Pro-EU campaigners for a "No" vote (as opposed to those opposing the EU altogether) argue that the Constitution will be renegotiated. "No" vote campaigners, particularly the prominent socialist Laurent Fabius, have labelled this option Plan B. Campaigners for a "Yes" vote have stated that there would be no such Plan B and that the 'European project' could be brought to a standstill for at least ten years.

Practically the perspective of a renegotiation quickly appeared illusory after the result of the referendum. First, the challenge of a renegotiation was made all the greater by the diversity of reasons for the rejection of the treaty.

Prime Minister Jean-Pierre Raffarin was quickly replaced by Dominique de Villepin. UMP leader Nicolas Sarkozy returned to cabinet as Minister of the Interior.

Although this rejection and the similar vote in the Dutch referendum seriously damaged the Constitution, subsequent EU Presidency holders have vowed to keep it going.

Sarkozy was elected President of the French Republic in May 2007. Amongst his pledges was a re-negotiation and ratification of a mini-treaty without a referendum. Eventually, the new version of the text, the Lisbon Treaty, was voted by the Parliament.

On the internal political scene, the success of the referendum did not have the expected effect on the political landscape. Begrudged by the members of the Socialist Party for his divisive role, Laurent Fabius lost the race to the presidential primaries for the 2007 elections, finishing third (18.66%) behind Segolene Royal (60.65%) and Dominique Strauss-Kahn (20.83%). The proponents of the Yes eventually got the upper hand in the party, and the lasting division of the far left prevented the apparition of a strong opposition force on left of the Socialist Party by the proponents of the No. On the right of the political spectrum, the far right did not benefit from the success of the No and suffered, for the first time in 15 years a strong decline in the 2007 elections.

See also

Related Research Articles

Euroscepticism body of criticism of the European Union

Euroscepticism means criticism of the European Union (EU) and European integration. It ranges from those who oppose some EU institutions and policies and seek reform, to those who oppose EU membership outright and see the EU as unreformable. The opposite of Euroscepticism is known as pro-Europeanism.

Treaty of Nice treaty

The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003.

United Kingdom European Constitution referendum

A referendum was expected to take place in the United Kingdom in 2006 to decide whether the country should ratify the proposed Treaty establishing a Constitution for Europe. However, following the rejection of the Constitution by similar referendums in France in May 2005 and the Netherlands in June 2005, the UK vote was postponed indefinitely. The question was rendered moot when the constitution was superseded by the Treaty of Lisbon, which Parliament ratified in 2008 without holding a referendum.

1975 United Kingdom European Communities membership referendum

The United Kingdom European Communities membership referendum, also known variously as the Referendum on the European Community , the Common Market referendum and EEC membership referendum, took place under the provisions of the Referendum Act 1975 on 5 June 1975 in the United Kingdom to gauge support for the country's continued membership of the European Communities (EC) — often known at the time as the ‘European Community’ and the ’Common Market’ — which it had entered two and a half years earlier on 1 January 1973 under the Conservative government of Edward Heath. Labour's manifesto for the October 1974 general election had promised that the people would decide ’through the ballot box’ whether to remain in the EC.

The Twenty-sixth Amendment of the Constitution Act 2002 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Nice. It was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the first Nice referendum held in 2001.

Referendums related to the European Union Wikimedia list article

This is a list of referendums related to the European Union, or referendums related to the European Communities, which were predecessors of the European Union. Since 1972, a total of 48 referendums have been held by EU member states, candidate states, and their territories, with several additional referendums held in countries outside of the EU. The referendums have been held most commonly on the subject of whether to become a member of European Union as part of the accession process, although the EU does not require any candidate country to hold a referendum to approve membership or as part of treaty ratification. Other EU-related referendums have been held on the adoption of the euro and on participation in other EU-related policies.

2005 Spanish European Constitution referendum

A referendum on the treaty establishing a Constitution for Europe was held in Spain on 20 February 2005. The consultative referendum on ratification of the proposed Constitution of the European Union was approved by 81.8% of voters, although turnout was just 41.8%, the lowest since the end of the Franco era.

2005 Dutch European Constitution referendum

A consultative referendum on the Treaty establishing a Constitution for Europe was held in the Netherlands on 1 June 2005 to decide whether the government should ratify the proposed Constitution of the European Union. The result was a "No"-vote.

The Czech referendum on the Treaty establishing a Constitution for Europe was expected to take place in 2006 to decide whether the Czech Republic should ratify the proposed Constitution of the European Union. Following the rejection of the Constitution by voters in France and the Netherlands, the Czech government announced that the proposed referendum would not be held.

The Luxembourgish referendum on the Treaty establishing a Constitution for Europe is a referendum that was held on 10 July 2005 to decide whether Luxembourg should ratify the proposed Constitution of the European Union.

The Irish referendum on the Treaty establishing a Constitution for Europe was a vote that was planned but did not occur. The referendum was expected to take place in 2005 or 2006 to decide whether Ireland should ratify the proposed EU Constitution. Following the rejection of the Constitution by voters in the French referendum of May 2005 and the Dutch referendum of June 2005, the planned Irish referendum was postponed indefinitely.

The Polish referendum on the Treaty establishing a Constitution for Europe was a referendum expected to be held on in October 2005 to decide whether Poland should ratify the proposed Constitution of the European Union. After the rejection of the constitution by France and the Netherlands the referendum was cancelled.

The Danish referendum on the Treaty establishing a Constitution for Europe was a planned referendum to be held on 27 September 2005, that would have put the proposed Constitution to the voters of Denmark for ratification. However, after voters voted down the Constitution in both the French and Dutch referendums before the Danish vote could take place, Danish prime minister Anders Fogh Rasmussen indicated that the referendum would be cancelled. On April 24, 2008 the Danish parliament ratified the Treaty's successor, the Treaty of Lisbon without a referendum.

Holger K. Nielsen Danish politician

Holger Kirkholm Nielsen, known as Holger K. Nielsen, is a Danish politician, member of the Folketing for the Socialist People's Party. He was Denmark's Minister for Foreign Affairs from 12 December 2013 to 30 January 2014. He was leader of the Socialist People's Party from 1991 to 2005 and served as the Minister for Taxation from 16 October 2012 to 12 December 2013.

Twenty-eighth Amendment of the Constitution Bill 2008 To permit the state to ratify the Treaty of Lisbon

The Twenty-eighth Amendment of the Constitution Bill 2008 was a proposed amendment to the Constitution of Ireland that was put to a referendum in 2008. The purpose of the proposed amendment was to allow the state to ratify the Treaty of Lisbon of the European Union.

Twenty-eighth Amendment of the Constitution of Ireland To permit the state to ratify the Treaty of Lisbon

The Twenty-eighth Amendment of the Constitution Act 2009 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union. It was approved by referendum on 2 October 2009.

New World was an organized caucus in the French Socialist Party.

Campaign Against an EU Constitution (CAEUC) was a coalition left-wing political parties, organisations, trade unionists and individuals in Ireland, formed in 2005 to campaign against the anticipated European Union Constitution referendum. The Irish referendum on the issue did not materialise when the constitution was rejected in a constitutional referendum in France and a consultative referendum in the Netherlands

Ratification of the Treaty of Lisbon Ratification of the current EU system

The ratification of the Treaty of Lisbon was officially completed by all member states of the European Union on 13 November 2009 when the Czech Republic deposited its instrument of ratification with the Italian government. The Lisbon Treaty came into force on the first day of the month following the deposition of the last instrument of ratification with the government of Italy, which was 1 December 2009.

References

  1. http://search.japantimes.co.jp/cgi-bin/eo20041004af.html
  2. "France names EU referendum date". 4 March 2005 via news.bbc.co.uk.
  3. Henley, John (1 December 2004). "Euro fighters". The Guardian.
  4. "Archived copy". Archived from the original on 2 March 2005. Retrieved 1 March 2005.